Legal Question in Family Law in Virginia

Wife leaves alcoholic husband and takes child
My cousin is married to an alcoholic. While she was pregnant he did not drink. She warned him that if he started drinking again she would leave him. Now that she had the baby he began drinking again. He is not physically abusive but she doesn't want to wait till he is. She left Virginia and went to Florida to stay with her mother, temporarily until she sees that he is no longer drinking and attending AA. She has told him he can see the baby, but he would have to come to her in Florida. He is attending AA but, it has only been a few weeks and he is threatening legal action since she took the baby. He previously went to AA and was sober for 3 months, she just wants enough time to make sure this time is for real. Is there anything he can do legally against her? Does she have any rights?

Asked on 5/28/04, 3:41 pm

David Slater David P. Slater, Esq.

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Re: Wife leaves alcoholic husband and takes child

Let her start a custody proceeding first. Yes she has rights.

Answered on 5/28/04, 4:13 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Wife leaves alcoholic husband and takes child

Under the circumstances which you've described, the answer to your first question is very unlikely

and to the second, yes, of course, the mother has rights but it's probably premature at this point for her to initiate a formal suit for custody

unless the father "stirs the pot" first, so to speak, by filing his own action(for custody).

It's possible that a decent interval of time elapsed could still resolve this matter without the need for litigation and lawyers.

Answered on 6/01/04, 9:36 am

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